LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

May 31, 2003

TO:	Honorable David Dewhurst , Lieutenant Governor, Senate Honorable Tom Craddick, Speaker of the House, House of Representatives
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	SB826 by Whitmire (Relating to reporting the deaths of certain individuals; providing a criminal penalty.), Conference Committee Report

No significant fiscal implication to the State is anticipated.

The bill would amend the Code of Criminal Procedure by requiring Institutions to notify the Justice of the Peace and notify the attorney general of an individual’s death within 24 hours of the death and prepare and submit a report within 72 hours of their death.  The reports would be available to the public unless a portion of the report is exempt from public disclosure or privileged from discovery.  The bill states the attorney general may investigate any institution that receives payments through the medical assistance program. The bill would amend the Penal Code by making it a Class B Misdemeanor for a superintendant or general manager of an institution to fail to provide notice of the death, fail to file the report, or fail to include in a filed report facts known or discovered by the person. The act would take effect September 1, 2003. The Texas Department of Criminal Justice and the Office of the Attorney General have determined that the cost of implementing the provisions of this bill would not be significant. 

Local Government Impact

No significant fiscal implication to units of local government is anticipated.  Local governmental entities would incur costs to meet the reporting deadline to the Office of the Attorney General, but these costs are not expected to be significant.

Source Agencies:

302 Office of the Attorney General

LBB Staff:

JK, WK, JO, GG, MS, BL, KG